Cop's Lie At Trial Defended

Judge Supports Elgin Officer

The chief judge of the criminal division of the Kane County Circuit Court testified Monday that an Elgin police officer who lied under oath before him did not commit perjury.

The judge also testified that when the officer told the "untruth," he was protecting a confidential informant as law-enforcement officials are required to do.

The testimony by Judge Barry E. Puklin provided a rare glimpse into the difficulties that police officers and court officials face in dealing with confidential informants.

The judge testified during a hearing before the Elgin Board of Fire and Police Commissioners on charges against Officer Jesus Padron. Padron's dismissal from the force is sought on a variety of charges, including lying under oath during a narcotics trial.

The trial took place in January 1993. Padron was testifying against a man he had arrested after learning about the suspect's alleged narcotics dealing from the informant.

Under oath, Padron lied about where he met the informant in one instance.

But Puklin said that Padron lied because if he had disclosed that location, it would have given away the informant's identity.

"It makes no difference where the meeting is between the confidential informant and the police officer," the judge testified Monday. "What is relevant is what happened at the meeting. . . .

"He (Padron) was protecting his informant, which we all encourage," the judge said.

"Confidential informants . . . are to be protected in the interests of society," the judge said.

After the judge's testimony, Ronald O'Neal, chairman of the police and fire commission, said, "I'm trying to decide what the difference is between untrue and perjury."

The judge explained that perjury means knowingly making a false statement "material to the issue or point in question." The location where Padron met the informant was irrelevant to the case on trial, the judge testified.

Afterward, outside the hearing room, Judge Puklin said Officer Padron "puts his life on the line for the public being undercover with all these people who would shoot you as well as look at you.

"A fellow with his record who has worked the way he has, maybe they should spank his hand or something," the judge said. The charge of lying in court is "certainly not the basis for a dismissal."

Padron is also charged with lying about his background when he was hired for the police force and consorting with a woman while on duty.